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Regulation 3 Amendments relating to when land is previously developed

Original text. Later amendments are not shown.

In regulation 21 (previously developed sites)—

(a)

in paragraph (2) after “relevant date” insert “, and that building was not wholly underground”;

(b)

in paragraph (4)—

(i)

in the words before sub-paragraph (a) after “at that time” insert “any one or more of the following conditions are met”;

(ii)

omit the “or” after sub-paragraph (c);

(iii)

at the end of sub-paragraph (d) insert

“, or

(e)

any operations which have been carried out in, on, over or under the land are not lawful.”;

(c)

after paragraph (4) insert—

“(4A)

For the purposes of calculating whether at least 75% of land is previously developed for the purposes of paragraph (1), any underground part of a building which extends beyond the part of the building which is not underground is not to be taken into account.”;

(d)

in paragraph (5)—

(i)

for the definition of “building” substitute—

  • ““building” means any permanent building and any other permanent man-made structure or erection, including any extension, and any part of a building, as so defined;”;

(ii)

insert the following definitions in the appropriate places—

  • ““lawful”, in relation to operations, has the same meaning as in section 191 of TCPA 1990f1;”;

  • ““structure or erection” includes, but is not limited to—

    1. (a)

      areas which are reinforced for load-bearing, paved or otherwise surfaced with man-made materials;

    2. (b)

      plant and machinery.”.

Annotations

Footnotes

f1

Section 191 was amended by section 10(1) of the Planning and Compensation Act 1991 and section 124(3) of the Localism Act 2011 (c. 20); there is another amendment which is not relevant.